Questão jurídica principal
Whether the dispute qualifies as an employment case for the BGG value threshold and Art. 343 OR
Decisão extraída
The dispute is an employment dispute because both the claim and the set-off defenses are rooted in the employment relationship.
Fundamentação extraída
For Art. 343 OR and Art. 74(1)(a) BGG, the relevant criterion is the factual basis of the claim, not its legal label. The employment relationship between the parties was established, and the claim arose from that relationship even though another person was also involved in the settlement agreement.